There are many legitimate reasons why an employer might wish for a whistleblower to keep an internal investigation confidential and refrain from discussing it with others. However, requiring a whistleblower to do so—and taking disciplinary action in the event that he or she does not comply—is risky business.
Seyfarth Shaw lawyers explain that instructions to keep investigations confidential can be unlawful because they deter employees from exercising their statutory rights under Section7 of the NLRA to engage in concerted activity. Additionally the EEOC has warned that requiring employees not to discuss harassment investigations with colleagues could be deemed a violation of Title VII’s anti-retaliation policies.
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